The denial came after a representative for building owner L&R Group of Companies wasn't able to provide the commission with enough answers about whether the building could be restored or what they would do with the property at Prospect and Fourth if the building was torn down.

Built in 1906, the Herold Building has been empty for more than a decade and has been condemned for years. An L&R affiliate bought the glass-fronted building, at 310 Prospect Ave., in 2008 and since then has been battling the city about restoring it or redeveloping the 0.19-acre site.

The vote to deny the demolition request occurred primarily because the commission was concerned about a technical misstep if the board tabled the request again. Tabling the issue was the original motion. But commission members feared that tabling it for more than 30 or 45 days could be interpreted as passive approval.

L&R now can appeal the decision to the city. A representative for L&R said the condition of the building is an "emergency situation." But if it's truly an emergency because of safety concerns, the commission said, L&R can ask the city to allow the building to be torn down. The planning commission couldn't stand in the way of that.

A rendering shows a single-story retail building and billboards proposed for the southwest corner of East Fourth Street and Prospect Avenue in downtown Cleveland.

Commission members seemed irritated today that L&R didn't have more detailed plans for the property. A five-story with office and retail space is one of the possibilities. In the past, L&R has also discussed housing as part of the project and has talked about a one-story retail building topped by digital billboards. But neighboring property owners and residents, as well as a couple of city boards, have strongly criticized that idea.

In January, Cleveland Housing Court Judge Raymond Pianka gave L&R a March 15 deadline to start rehabilitation work or demolish the building. His order came in a summary judgment decision on litigation between the city and L&R.

Cleveland officials have said the building is historically significant as a part of the block where the term "rock 'n' roll" originated. That's part of the reason city officials have tried to push L&R to restore it if possible. Officials have said they're not necessary opposed to demolition, but want a good project in its place.

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